Common use of Certain Prohibitions Clause in Contracts

Certain Prohibitions. CONTRACTOR acknowledges the provisions of section 957.06, Florida Statutes, which states that a contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to CONTRACTOR to: 10.1. Choose the facility to which an inmate is initially assigned or subsequently transferred. CONTRACTOR may request, in writing, that an inmate be transferred to a facility operated by the DC. The Department, CONTRACTOR, and a representative of the DC shall develop and implement, maintain, and comply with the Transfer Agreement (Exhibit B) for transferring inmates between a correctional facility operated by the DC and a privately operated correctional facility. 10.2. Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the DC. 10.3. Make a final determination on a disciplinary action that affects the liberty of an inmate. CONTRACTOR may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody. 10.4. Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit gain-time. 10.5. Make recommendations to the Parole Commission with respect to the denial or granting of parole, control release, conditional release, or conditional medical release. However, CONTRACTOR may submit written reports to the Parole Commission and must respond to a written request by the Parole Commission for information. 10.6. Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the Department. 10.7. Determine inmate eligibility for any form of conditional, temporary, or permanent release from a correctional facility.